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Mr. Michael H. Long, Director June 26, 1995 Page 3 EFMC has a company under contract to seed, fertilize, and mulch according to the approved permit. They were awarded the contract on May 10, 1995. The date to perform seeding changed due to continuous adverse weather conditions and construction work at the mine. Construction work included the approved removal of the catch basins and reduction of slopes specified in the Phase I bond release inspection. EFMC contacted the seeding contractor on June 2 in order to get seeding work scheduled. The contractor stated that they could begin work on June 3, however the site was too wet to allow equipment access. The seeding contractor then informed EFMC that their operator would be on vacation from June 6 through June 14, and would schedule the seeding work following his return. On June 14, the seeding contractor informed us that our project date moved to June 20 because of weather delays at their current job sites. EFMC does not agree that ground conditions were safe for seeding equipment on the date of inspection and Notice of Violation. The inspection report states that the "top 4 to 5 inches of soil dry and material below damp. Conditions do not appear limiting for seeding operation." Thie is a judgement call by the inspector based on a few observations. The above information describes EFMC's work to protect topsoil and its efforts to conduct seeding and planting during the first favorable planting conditions. EFMC believes that only minor riling and erosion of topsoil has occurred. Taking these factors into account, we believe that no violation exists. in conclusion, EFMC requests that Notice of Violation C-95- 018 be vacated. Sincerely, Ene~r~g~y~~Puels Mining Company Allen S. Weaver Mine Engineer cc: Randy Acre (EFMC) Janet Hinns (DMG)